Title 30-A: MUNICIPALITIES AND COUNTIES

Transcription

1 Title 30-A: MUNICIPALITIES AND COUNTIES Chapter 121: MEETINGS AND ELECTIONS Table of Contents Part 2. MUNICIPALITIES... Subpart 3. MUNICIPAL AFFAIRS... Subchapter 1. GENERAL PROVISIONS... 3 Section APPLICABILITY OF PROVISIONS... 3 Section CAMPAIGN REPORTS IN MUNICIPAL ELECTIONS... 4 Section REAPPORTIONMENT... 4 Section CIRCULATION OF PETITIONS FOR LOCAL INITIATIVE... 8 Section RECALL OF MUNICIPAL OFFICIALS... 8 Subchapter 2. TOWN MEETINGS AND ELECTIONS... 9 Section CALL OF TOWN MEETING Section PETITION FOR ARTICLE IN WARRANT Section WARRANT Section GENERAL TOWN MEETING PROVISIONS Section ANNUAL MEETING Section CHOICE AND QUALIFICATIONS OF TOWN OFFICIALS Section ALTERNATIVE NOMINATION PROCEDURE Section SECRET BALLOT Section ABSENTEE BALLOTS Section BALLOT INSPECTION (REPEALED) Section 2530-A. CANDIDATE'S INSPECTION OF BALLOTS AND INCOMING VOTING LISTS Section RECOUNT HEARING (REPEALED) Section 2531-A. RECOUNT HEARING (REPEALED) Section 2531-B. RECOUNT OF AN ELECTION FOR OFFICE Section REFERENDUM RECOUNT PROCEDURE Section TITLE TO MUNICIPAL OFFICE Subchapter 3. CITY ELECTIONS Section WARRANT OR NOTICE FOR CITY ELECTION Section DESIGNATION OF OFFICIALS Section NOMINATION TO CITY OFFICE BY PETITION Section BALLOTS, SPECIMEN BALLOTS AND INSTRUCTION POSTERS Section ELECTION BY PLURALITY Section RECOUNT; CHALLENGE FOR OFFICE i

2 Text current through November 1, 2018, see disclaimer at end of document. ii

3 Maine Revised Statutes Title 30-A: MUNICIPALITIES AND COUNTIES Chapter 121: MEETINGS AND ELECTIONS Subchapter 1: GENERAL PROVISIONS APPLICABILITY OF PROVISIONS Except as otherwise provided by this Title or by charter, the method of voting and the conduct of a municipal election are governed by Title 21-A. [1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD); 1989, c. 104, Pt. D, 2 (RPR) 1. Clerk to perform duties of Secretary of State. When Title 21-A applies to any municipal election, the municipal clerk shall perform the duties of the Secretary of State prescribed by Title 21-A. [ 1989, c. 104, Pt. C, 10 (NEW); 1989, c. 104, Pt. D, 2 (NEW) 2. Qualifications for voting. The qualifications for voting in a municipal election conducted under this Title are governed solely by Title 21-A, section 111. [ 1989, c. 104, Pt. C, 10 (NEW); 1989, c. 104, Pt. D, 2 (NEW) 3. Determining and counting write-in votes. A municipality may choose the method of determining and counting write-in votes according to this subsection. Once a municipality has voted to accept the option under this subsection, the option applies to all municipal elections until the municipal officers hold a public hearing and the legislative body of the municipality votes to rescind the option at least 90 days before the next election of candidates by secret ballot. A. After the municipal officers hold a public hearing, at least 90 days prior to an election of candidates by secret ballot, the legislative body of a municipality may vote to be governed by the provisions of Title 21-A, section 696, subsection 2, paragraph C and Title 21-A, section 722-A. Votes for a write-in candidate are counted only if that candidate has filed a timely declaration of write-in candidacy with the municipal clerk in accordance with Title 21-A, section 722-A, except that votes for write-in candidates who have not filed a declaration of write-in candidacy must be counted if: (1) The printed ballot does not include a properly nominated candidate for the office; or (2) A properly nominated candidate for the office listed on the ballot withdraws from the race before or on election day. [2015, c. 160, 1 (NEW) B. In a municipality that has not voted under paragraph A to be governed by Title 21-A, section 696, subsection 2, paragraph C and Title 21-A, section 722-A, votes cast for write-in candidates must be counted if: (1) The printed ballot does not include a properly nominated candidate for the office; (2) A properly nominated candidate for the office listed on the ballot withdraws from the race before or on election day; or (3) The number of write-in votes for an office as determined by a machine count or initial hand count exceeds the number of votes in that count for a candidate printed on the ballot. Votes for write-in candidates may be counted even if none of the criteria listed in subparagraphs (1) to (3) are met in a municipality that has not voted to be governed by Title 21-A, section 696, subsection 2, paragraph C and Title 21-A, section 722-A. [2015, c. 160, 1 (NEW) Applicability of provisions 3

4 Nothing in this subsection requires a municipal clerk to count or tally write-in votes for a fictitious person, a deceased person or a person from outside the municipality when residency is a qualification of office or who is otherwise not qualified to be a candidate for the office for which the person is a write-in candidate. [ 2015, c. 160, 1 (NEW) 1989, c. 104, C8,10 (AMD). 1989, c. 104, D2 (RPR). 2015, c. 160, 1 (AMD) CAMPAIGN REPORTS IN MUNICIPAL ELECTIONS 1. Reports by candidates. A candidate for municipal office of a town or city with a population of 15,000 or more is governed by Title 21-A, sections 1001 to 1020-A, except that registrations and campaign finance reports must be filed with the municipal clerk instead of the Commission on Governmental Ethics and Election Practices. A town or city with a population of less than 15,000 may choose to be governed by Title 21-A, sections 1001 to 1020-A by vote of its legislative body at least 90 days before an election for office. A town or city that votes to adopt those provisions may revoke that decision, but it must do so at least 90 days before an election subject to those sections. A. [2009, c. 366, 12 (AFF); 2009, c. 366, 10 (RP) [ 2011, c. 389, 60 (AMD); 2011, c. 389, 62 (AFF) 2. Municipal referenda campaigns. Municipal referenda campaigns in towns or cities with a population of 15,000 or more are governed by Title 21-A, chapter 13, subchapter 4. The registrations and reports of political action committees and ballot question committees must be filed with the municipal clerk. A town or city with a population of less than 15,000 may choose to be governed by Title 21-A, chapter 13, subchapter 4 by vote of its legislative body at least 90 days before a referendum election. A town or city that votes to adopt those provisions may revoke that decision, but it must do so at least 90 days before an election subject to that subchapter. [ 2011, c. 389, 60 (AMD); 2011, c. 389, 62 (AFF) 3. Public access to records. A town or city that receives registrations or reports pursuant to this section must keep them for 8 years. [ 2011, c. 389, 60 (AMD); 2011, c. 389, 62 (AFF) 1989, c. 104, C8,10 (AMD). 1995, c. 483, 22 (AMD). 1997, c. 567, 2 (AMD). 1999, c. 645, 15 (AMD). 2009, c. 366, 10 (AMD). 2009, c. 366, 12 (AFF). 2011, c. 389, 60 (AMD). 2011, c. 389, 62 (AFF) REAPPORTIONMENT 1. Adoption by ordinance. Districts established for the purpose of electing, from each district, an equal number of municipal officers may be adjusted, by ordinance, by the municipal legislative body subject to the following conditions. A. Each district must be formed of compact, contiguous territory. Its boundary lines may follow the center lines of streets. [1987, c. 737, Pt. C, 2 and Pt (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) Campaign reports in municipal elections

5 B. Each district must contain as nearly as possible the same number of inhabitants as determined according to the latest Federal Decennial Census, but districts may not differ in number of inhabitants by more than 10% of the inhabitants in the smallest district created. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. The ordinance must include a map and a description of the districts. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) D. The ordinance takes effect on the 30th day after adoption by the legislative body. The new districts and boundaries, as of the effective date, supersede previous districts and boundaries for the purposes of the next regular municipal election, including nominations. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 2. Failure to enact ordinance. The municipal legislative body must enact the reapportionment ordinance within 12 months after the Legislature has reapportioned the House and Senate districts pursuant to the Constitution of Maine, Article IV, Part First, Section 3 and Article IV, Part Second, Section 2 or after a court decision finalizing the reapportionment of districts. The ordinance must be enacted at least 90 days before a regular municipal election occurring within that 12-month period or the previous reapportionment ordinance applies to that election. If the legislative body fails to enact an ordinance within the 12-month period or at least 90 days before a regular election occurring after the 12-month period, all municipal officers to be elected must be elected at large and serve until their terms expire. Such at-large elections continue until the legislative body enacts an ordinance in accordance with subsection 1 at least 90 days before a regular municipal election. [ 2001, c. 537, 1 (AMD); 2001, c. 537, 2 (AFF) 3. Referendum. Except when the municipal legislative body is the town meeting, the voters of the municipality may require the municipal legislative body to reconsider any ordinance adopted under subsection 1. If the legislative body does not repeal an ordinance so reconsidered, the voters may approve or reject it at a municipal election. A. Any 5 voters may commence referendum proceedings by filing an affidavit with the municipal clerk stating: (1) They will constitute the petitioners' committee; (2) They will be responsible for circulating the petition and filing it in proper form; (3) Their names and addresses; (4) The address to which all notices to the committee are to be sent; and (5) The ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. Petitions under this subsection must meet the following requirements. (1) Petitions must be signed by a number of voters of the municipality equal to at least 15% of the total number of voters in the municipality at the last presidential election Reapportionment 5

6 (2) All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature must be executed in ink or indelible pencil and must be followed by the address of the person signing. While being circulated, petitions must have the full text of the ordinance sought to be reconsidered contained in or attached to the petition. (3) When filed, each paper of a petition must have an affidavit, executed by the circulator of the petition, attached to it stating: (a) That the circulator personally circulated the paper; (b) The number of signatures on the paper; (c) That all the signatures were signed in the circulator's presence; (d) That the circulator believes them to be the genuine signatures of the persons whose names they purport to be; and (e) That each signer had an opportunity before signing to read the full text of the ordinance sought to be reconsidered. (4) Petitions must be filed within 30 days after the municipal legislative body adopts the ordinance sought to be reconsidered. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. The following procedure shall be followed after the petition is filed with the municipal clerk. (1) Within 20 days after the petition is filed, the municipal clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars which render it defective. The clerk shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within 2 days after receiving the copy of the clerk's certificate and files a supplementary petition upon additional papers within 10 days after receiving a copy of the certificate. This supplementary petition must comply with the requirements of paragraph B, subparagraphs (2) and (3). Within 5 days after it is filed, the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of that certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend the petition or request review under subparagraph (2), within the time required, the clerk shall promptly present the clerk's certificate to the municipal legislative body and the certificate is then a final determination as to the sufficiency of the petition. (2) If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee, within 2 days after receiving the copy of the certificate, may file a request that it be reviewed by the municipal legislative body. The legislative body shall review the certificate at its next meeting following the filing of the committee's request and approve or disapprove it. This determination is then final as to the sufficiency of the petition. (3) A final determination as to the sufficiency of a petition is subject to court review. A final determination of insufficiency, even if sustained upon court review, does not prejudice the filing of a new petition for the same purpose. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) D. When a petition is filed with the clerk under this subsection, the ordinance sought to be reconsidered is suspended from taking effect. This suspension ends when: (1) There is a final determination of insufficiency of the petition; (2) The petitioners' committee withdraws the petition; Reapportionment

7 (3) The council repeals the ordinance; or (4) Thirty days have elapsed after a vote of the municipality on the ordinance. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) E. The following procedure shall be followed if a petition is determined to be sufficient. (1) When a petition has been finally determined sufficient, the municipal legislative body shall promptly reconsider the referred ordinance by voting its repeal. If the legislative body fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the referred ordinance to the voters of the municipality. (2) The vote of the municipality on a referred ordinance shall be held at least 30 days and not more than one year after the municipal legislative body's final vote on the ordinance. If no regular municipal election is to be held within this period, the legislative body shall provide for a special election; otherwise the vote shall be held at the same time as a regular election occurring within this period, except that the legislative body, in its discretion, may provide for a special election at an earlier date within the prescribed period. Copies of the referred ordinance shall be made available at the polls. (3) The form of the ballot for the repeal of the ordinance shall be substantially as follows: "Shall the ordinance entitled '...' be repealed? YES / / NO / /" (The voters shall indicate their choice by a cross or check mark placed in the appropriate box opposite the words YES or NO.) (4) A petition may be withdrawn at any time before the 15th day prior to the day scheduled for a vote of the municipality. The petitioners' committee must file with the municipal clerk a request for withdrawal signed by at least 4 members of the petitioners' committee. Upon filing this request, the petition has no further effect and all proceedings on the petition shall be terminated. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) F. If a majority of the voters who vote on a referred ordinance vote for its repeal, it is considered repealed upon certification of the election results. [1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. A, 16 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) [ 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. A, 16 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 4. Exception. This section does not apply to municipalities whose charters specify different methods of reapportionment. [ 1987, c. 737, Pt. A, 2; 1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1989, c. 104, A116,C10 (AMD). 1989, c. 104, A116,C8,10 (AMD). 2001, c. 537, 1 (AMD). 2001, c. 537, 2 (AFF) Circulation of petitions for local initiative 7

8 2504. CIRCULATION OF PETITIONS FOR LOCAL INITIATIVE No municipality may enact any charter provision or ordinance prohibiting the circulation of petitions for any local initiative. A petition related to any local initiative, including, without limitation, petitions filed under section 2522, section 2528, subsection 5, the Constitution of Maine, Article IV, Part Third, Section 21, or a municipal charter provision authorizing local initiatives, may be circulated as provided in Title 21-A, section 903-A. [1999, c. 1, 43 (COR) 1989, c. 92, 2 (NEW). RR 1999, c. 1, 43 (COR) RECALL OF MUNICIPAL OFFICIALS Except as otherwise provided by the municipality's ordinances or charter, an elected official of a municipality may be recalled from office pursuant to this section. For purposes of this section, "official" has the same meaning as section 2604, subsection 2. [2011, c. 324, 1 (NEW) 1. Petition for recall. On the written petition pursuant to subsection 5 of a number of voters equal to at least 10% of the number of votes cast in the municipality at the last gubernatorial election, an election must be held to determine the recall of an elected official of that municipality. [ 2011, c. 324, 1 (NEW) 2. Notice of intention. In order to initiate a recall election under subsection 1, the initiator of the petition shall file a notice of intention of recall with the municipal clerk of the municipality. A notice of intention of recall under this subsection must include the name, address and contact information of the person filing the notice and the name and position of the official subject to recall under this section. Only a person registered to vote in the municipality may file a notice of intention of recall under this subsection. [ 2011, c. 324, 1 (NEW) 3. Petition forms. Within 3 business days of receipt of a notice of intention of recall under subsection 2, the municipal clerk shall prepare petition forms for the collection of signatures under subsection 4 and send notice to the initiator of the petition under subsection 2 that the petition forms are available. The municipality may charge the initiator of the petition a reasonable fee for preparing and providing the petition forms under this subsection. A petition form under this subsection must include: A. At the top of the form, the name and position of the official subject to recall, the name and contact information of the initiator of the petition and the date by which the signatures must be submitted to the municipal clerk under subsection 4; [2011, c. 324, 1 (NEW) B. Spaces for each voter's signature, actual street address and printed name; and [2011, c. 324, 1 (NEW) C. Space at the bottom of the form for the name, address and signature of the person circulating the petition form. [2011, c. 324, 1 (NEW) [ 2011, c. 324, 1 (NEW) 4. Collection and submission of signatures. A petition form under subsection 3 may be circulated or signed only by a registered voter of the municipality. A circulator of a petition form shall fill in the information required under subsection 3, paragraph C and sign the form prior to submission of the form to the municipal clerk. The initiator of the petition under subsection 2 shall collect the petition forms from all circulators and submit the signed petition forms to the municipal clerk within 14 days of receipt of notice Recall of municipal officials

9 from the clerk that the petition forms are available under subsection 3. A municipal clerk may not accept a petition form submitted more than 14 days after sending notice of availability to the initiator under subsection 3, and any voter signatures on that form are invalid. [ 2011, c. 324, 1 (NEW) 5. Petition certification and notification. Within 7 business days of receiving petition forms under subsection 4, the municipal clerk shall determine whether the petition forms meet the criteria under subsection 4 and certify the validity of any signatures on the petition forms. If the municipal clerk finds that the number of valid signatures submitted under subsection 4 meets or exceeds the requirements under subsection 1, the clerk shall certify the petition and immediately send notification of the certification to the municipal officers, the initiator of the petition and the official subject to the recall. If the municipal clerk finds the number of valid signatures submitted under subsection 4 does not meet the requirements for a petition under subsection 1, the municipal clerk shall file the petition and the petition forms in the clerk's office and notify the initiator of the petition. [ 2011, c. 324, 1 (NEW) 6. Scheduling recall election. Within 10 business days of certification of the petition under subsection 5, the municipal officers shall schedule a recall election to determine whether the official subject to the recall petition should be recalled. The election must be held no less than 45 days nor more than 75 days after certification of the petition under subsection 5 unless a regular municipal election is scheduled to be held within 90 days of the certification of the petition under subsection 5, in which case the recall election must be held on the date of the regular municipal election. If the municipal officers fail to schedule a recall election within 10 days of certification of the recall petition under subsection 5, the municipal clerk shall schedule the recall election pursuant to the date requirements of this subsection. [ 2011, c. 324, 1 (NEW) 7. Ballots for recall election. If the official subject to the recall does not resign from office within 10 business days of certification of the recall petition under subsection 5, the ballots for the recall election under subsection 6 must be printed. A ballot for a recall election under this section must read: "Do you authorize the recall of (name of official) from the position of (name of office)? ( ) Yes ( ) No" [ 2011, c. 324, 1 (NEW) 8. Results of recall election. Within 2 business days of a recall election under subsection 6, the municipal clerk shall certify and record the election results and notify the municipal officers of those results. If a majority of voters vote to remove the official, the recall takes effect on the date the election results are recorded pursuant to this subsection. [ 2011, c. 324, 1 (NEW) 9. Limitation of recall. An elected official may be the subject of a recall petition under this section only if the official is convicted of a crime, the conduct of which occurred during the official's term of office and the victim of which is the municipality. [ 2011, c. 324, 1 (NEW) 2011, c. 324, 1 (NEW). Subchapter 2: TOWN MEETINGS AND ELECTIONS Call of town meeting 9

10 2521. CALL OF TOWN MEETING Each town meeting shall be called by a warrant. The warrant must be signed by a majority of the selectmen, except as follows. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1. First town meeting. The first town meeting shall be called in the manner provided in the act of incorporation. 2. Majority of selectmen. If, for any reason, a majority of the selectmen do not remain in office, a majority of those remaining may call a town meeting. 3. Petition of 3 voters, if no selectmen. When a town, once organized, is without selectmen, a notary public may call a meeting on the written petition of any 3 voters. 4. Petition by voters, if selectmen refuse. If the selectmen unreasonably refuse to call a town meeting, a notary public may call the meeting on the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than , c. 104, C8,10 (AMD) PETITION FOR ARTICLE IN WARRANT On the written petition of a number of voters equal to at least 10% of the number of votes cast in the town at the last gubernatorial election, but in no case less than 10, the municipal officers shall either insert a particular article in the next warrant issued or shall within 60 days call a special town meeting for its consideration. [1987, c. 737, Pt. C, 2 and Pt (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1989, c. 104, C8,10 (AMD) Petition for article in warrant

11 2523. WARRANT The warrant for calling any town meeting must meet the following requirements. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1. Time and place. It shall specify the time and place of the meeting. 2. Business to be acted upon. It shall state in distinct articles the business to be acted upon at the meeting. No other business may be acted upon. 3. Notification. It shall be directed to a town constable, or to any resident by name, ordering that person to notify all voters to assemble at the time and place appointed. 4. Attested copy posted. The person to whom it is directed shall post an attested copy in some conspicuous, public place in the town at least 7 days before the meeting, unless the town has adopted a different method of notification. 5. Return on warrant. The person who notifies the voters of the meeting shall make a return on the warrant stating the manner of notice and the time when it was given. A. If an original town meeting warrant is lost or destroyed, the return may be made or amended on a copy of the original warrant. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1989, c. 104, C8,10 (AMD) GENERAL TOWN MEETING PROVISIONS The following provisions apply to all town meetings. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) General town meeting provisions 11

12 1. Qualified voter. Every voter in the town may vote in the election of all town officials and in all town affairs. 2. Moderator elected and sworn. The clerk, or in the clerk's absence a selectman or constable, shall open the meeting by: A. Calling for the election of a moderator by written ballot; [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. Receiving and counting the votes for moderator; and [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. Swearing in the moderator. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 3. Moderator presides. As soon as the moderator has been elected and sworn, the moderator shall preside over and supervise the voting at the meeting and may appoint a deputy moderator to assist the moderator. If the moderator is absent or is unable to carry out the duties, the clerk, or in the clerk's absence a selectman or constable, may call for the election of a deputy moderator to act in the absence of the moderator. A. All persons shall be silent at the moderator's command. A person may not speak before that person is recognized by the moderator. A person who is not a voter in the town may speak at the meeting only with the consent of 2/3 of the voters present. (1) If any person, after a command for order by the moderator, continues to act in a disorderly manner, the moderator may direct that person to leave the meeting. If the person refuses to leave, the moderator may have that person removed by a constable and confined until the meeting is adjourned. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. When a vote declared by the moderator is immediately questioned by at least 7 voters, the moderator shall make it certain by polling the voters or by a method directed by the municipal legislative body. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. The moderator shall serve until the meeting is adjourned. The moderator is subject to the same penalties for neglect of official duty as other town officials. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 4. Votes recorded by clerk. The clerk shall accurately record the votes of the meeting General town meeting provisions

13 A. If the clerk is absent, the moderator shall appoint and swear in a temporary clerk. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 5. Written ballots. The clerk shall prepare the ballots. Ballots shall be of uniform size and color, and must be blank except that 2 squares with "yes" by one and "no" by the other may be printed on them. The moderator shall ensure that each voter receives only one ballot for each vote taken. 6. Location of meetings. Town meetings may be held outside the corporate limits of the municipality if the municipal officers determine that there is no adequate facility for the meeting within the municipality. The proposed location must be: A. Within an adjoining or nearby municipality; [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. Not more than 25 miles from the corporate limits of the municipality holding the meetings; and [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. Reasonably accessible to all voters of the town. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1989, c. 104, C8,10 (AMD) ANNUAL MEETING 1. Officials required to be elected. Each town shall hold an annual meeting at which the following town officials shall be elected by ballot: A. Moderator; [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. Selectmen; and [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) Annual meeting 13

14 C. School committee. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 2. Other officials. A town, at a meeting held at least 90 days before the annual meeting, may designate other town officials to be elected by ballot. The election of officials at the last annual town meeting is deemed to be such a designation until the town acts otherwise at a meeting held at least 90 days before the annual meeting at which the election will be held. [ 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD); 1989, c. 659, (AMD) 3. Limitation. A town official may not be elected on a motion to cast one ballot. 1989, c. 104, C8,10 (AMD). 1989, c. 659, (AMD) CHOICE AND QUALIFICATIONS OF TOWN OFFICIALS Unless otherwise provided by charter, the following provisions apply to the choice and qualifications of town officials. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1. Manner of election. In a town with a population greater than 4,000, according to the last Federal Decennial Census, election shall be by plurality. Except as provided in section 2528, subsection 10, in a town with a population of 4,000 or under, election shall be by majority. 2. Appointment in writing. The appointment of any town official or deputy must be in writing and shall be signed by the appointing party. 3. Qualifications. In order to hold a municipal office, a person must be a resident of the State, at least 18 years of age and a citizen of the United States Choice and qualifications of town officials

15 A. In order to hold the office of selectman, a person must be a voter in the town in which that person is elected. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 4. Selectmen and overseers. The following provisions apply to selectmen and overseers. A. A town may determine at a meeting held at least 90 days before the annual meeting whether 3, 5 or 7 will be elected to each board and their terms of office. (1) Once the determination has been made, it stands until revoked at a meeting held at least 90 days before the annual meeting. (2) If a town fails to fix the number, 3 shall be elected. If a town fails to fix the term, it is for one year. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. When others have not been elected, the selectmen shall serve as overseers of the poor. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. A selectman may also serve as a member of the board of assessors. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) D. A town, in electing selectmen and overseers, may designate one of them as chairman of the board. (1) If no person is designated as chairman, the board shall elect by ballot a chairman from its own membership, before assuming the duties of office. When no member receives a majority vote, the clerk shall determine the chairman by lot. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) E. If the town fails to fix the compensation of these officials at its annual meeting, they shall be paid $10 each per day for every day actually and necessarily employed in the service of the town. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 5. Assessors. The following provisions apply to assessors. A. A town may determine at a meeting of its legislative body held at least 90 days before the annual meeting whether a single assessor will be appointed under subparagraph (3) or a board of 3, 5 or 7 will be elected and the term of office of the assessor or assessors. In towns where the municipal legislative body is the town meeting, the determination is effective only if the total number of votes cast for and against the determination equals or exceeds 10% of the number of votes cast in the town at the last gubernatorial election. (1) Once a determination has been made, it stands until revoked at a meeting held at least 90 days before the annual meeting Choice and qualifications of town officials 15

16 (2) If a town fails to fix the number, 3 shall be elected. If a town fails to fix the term, it is for one year. (3) When a town has chosen a single assessor under this paragraph, the selectmen shall appoint the assessor for a term not exceeding 5 years. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. In addition to the method provided by paragraph A and notwithstanding the provision of any town charter to the contrary, the municipal officers of any town, or the municipal officers of 2 or more towns acting jointly, may enact an ordinance providing for a single assessor. The municipal officers shall appoint the assessor for a term not exceeding 5 years. (1) Seven days' notice of the meeting at which the ordinance is to be proposed shall be given in the manner provided for town meetings. (2) In towns where the municipal legislative body is the town meeting, the ordinance is effective immediately after the next regular town meeting if enacted at least 90 days before the meeting. The ordinance stands until revoked by the municipal legislative body or the municipal officers at a meeting held at least 90 days before the annual town meeting. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. When a town has not elected a full board of assessors, the selectmen shall serve as assessors as provided in Title 36, section 703. A selectman who is an assessor pursuant to this paragraph and Title 36, section 703 or any person who serves as both a selectman and a tax assessor may resign the position of assessor without resigning the office of selectman. The position of assessor must then be filled by appointment pursuant to section 2602, subsection 2. A person elected to the State Legislature who resigns the position of assessor pursuant to this paragraph may continue to serve concurrently as selectman and member of the State Legislature. If a person who is serving in the State Legislature or in another office incompatible with the position of assessor resigns the position of assessor pursuant to this paragraph before that person has performed any duties as tax assessor, that person may not be deemed to have vacated the previously held position of State Legislator or other office that is incompatible with the office of assessor. [2003, c. 234, 1 (AMD) D. A town, if it elects a board of assessors, may designate one member as chairman of the board. (1) If no person is designated as chairman, the board shall elect by ballot a chairman from its own membership, before assuming the duties of office. When no member receives a majority vote, the clerk shall determine the chairman by lot. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) E. If the town fails to fix the compensation of assessors at its annual meeting, they shall be paid $10 each per day for every day actually and necessarily employed in the service of the town. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) F. This subsection does not apply to any municipality which is incorporated into a primary assessing area. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) G. Notwithstanding any other law when a vacancy occurs on an elected board of assessors, the municipal officers shall fill that vacancy as provided in section 2602, subsection 2. [1991, c. 270, 2 (NEW) [ 2003, c. 234, 1 (AMD) 6. Board of assessment review. The following provisions apply to a board of assessment review Choice and qualifications of town officials

17 A. Any municipality may adopt a board of assessment review at a meeting of its legislative body held at least 90 days before the annual meeting. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. The board of assessment review consists of 3 members and 2 alternates appointed by the selectmen. The municipality, when adopting such a board, may fix the compensation of the members. Initially, one member must be appointed for one year, one member for 2 years and one member for 3 years, and one of the alternates must be appointed for one year and one alternate for 2 years. Thereafter, the term of each new member or alternate is 3 years. [1991, c. 235, (AMD) C. Any town adopting a board of assessment review may discontinue the board by vote in the same manner and under the same conditions as in adopting the board. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) D. Municipalities may provide by ordinance for a board of assessment review consisting of 5 or 7 members and up to 3 alternates. The terms of office of members and alternates may not exceed 5 years and initial appointments must be such that the terms of office of no more than 2 members or alternates will expire in any single year. [1991, c. 235, (AMD) E. Any town, by ordinance, may designate a board of appeals appointed under section 2691 as the board of assessment review. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) F. A board of assessment review shall annually elect from its membership a chairman and a secretary. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) G. The procedure of a board of assessment review is governed by section 2691, subsection 3. [2003, c. 510, Pt. A, 26 (AMD) H. This subsection does not apply to any municipality which is incorporated into a primary assessing area. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) [ 2003, c. 510, Pt. A, 26 (AMD) 7. Road commissioners. The following provisions apply to road commissioners. A. A town may determine at a meeting held at least 90 days before the annual meeting whether one or more road commissioners will be chosen and the term of office which may not exceed 3 years. (1) Once the determination has been made, it stands until revoked at a meeting held at least 90 days before the annual meeting. (2) If a town fails to fix the number, one shall be chosen. If a town fails to fix the term, it is one year. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. A road commissioner appointed by the selectmen may be removed from office for cause by the selectmen. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) Choice and qualifications of town officials 17

18 C. The board of selectmen may act as a board of road commissioners. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 8. Treasurers and tax collectors. Treasurers and tax collectors of towns may not simultaneously serve as municipal officers or as elected or appointed assessors until they have completed their duties and had a final settlement with the town. A. The same person may serve as treasurer and tax collector of a municipality. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) [ 2009, c. 57, 1 (AMD) 9. Sworn in. Before assuming the duties of office, a town official or deputy shall be sworn by the moderator in open town meeting, by the clerk, or by any other person authorized by law to administer an oath, including a notary public or dedimus justice. A. Unless the oath is administered in the clerk's presence, the person who administers it shall give the official or deputy sworn a certificate, which must be returned to the clerk for filing. The certificate must state: (1) The name of the official or deputy sworn; (2) The official's or deputy's office; (3) The name of the person who administered the oath; and (4) The date when the oath was taken. [2003, c. 510, Pt. A, 27 (RPR) B. The clerk shall be sworn to accurately record the votes of town meetings and to discharge faithfully all the other duties of that office, until another clerk is elected and sworn. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) C. After the town meeting, the clerk shall immediately issue a warrant directed to a constable containing the names of persons chosen for office who have not been sworn. (1) The constable shall immediately summon the named persons to appear before the clerk within 7 days from the time of notice to take the oath of office. (2) The constable shall make a return immediately to the clerk. (3) The town shall pay the constable a reasonable compensation for these services. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) D. The clerk shall record the election or appointment of each official or deputy, including the clerk's own, and the other information specified in paragraph A. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) Choice and qualifications of town officials

19 E. A record by the clerk that a person was sworn for a stated town office is sufficient evidence that the person was legally sworn for the office. The entire oath need not be recorded. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) [ 2003, c. 510, Pt. A, 27 (AMD) 1989, c. 104, A17,C8,10, D3 (AMD). 1991, c. 235, (AMD). 1991, c. 270, 1,2 (AMD). 2003, c. 234, 1 (AMD). 2003, c. 510, A26,27 (AMD). 2009, c. 57, 1 (AMD) ALTERNATIVE NOMINATION PROCEDURE When any town accepts this section at a meeting held at least 90 days before the annual meeting, the following provisions apply to the nomination of all town officials required by section 2525 to be elected by ballot, except for the moderator, and to the nomination of any other officials which the town designates by a separate article in the warrant at the time of acceptance. No change may be made thereafter in the nomination of town officials, except at a meeting held at least 90 days before the annual meeting. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1. Nomination papers; certificate of political caucus. The nomination of candidates for any office shall be by nomination papers or certificate of political caucus as provided in section 2528, subsection Attestation and posting. The names of candidates nominated and the office for which they are nominated shall be attested by the clerk and posted at least 7 days before town meeting. 1989, c. 104, C8,10 (AMD) SECRET BALLOT The following provisions govern a town's use of a secret ballot for the election of town officials or for municipal referenda elections. A vote by secret ballot takes precedence over a vote by any other means at the same meeting. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 1. Acceptance by town. When any town accepts this section at a meeting held at least 90 days before the annual meeting, the provisions of this section apply to the election of all town officials required by section 2525 to be elected by ballot, except the moderator, who shall be elected as provided in section 2524, subsection Alternative nomination procedure 19

20 A. The provisions of this section relating to the nomination of town officials by political caucus apply only when a town separately accepts those provisions at a meeting held at least 90 days before the annual meeting. If any town accepts those provisions, they remain effective until the town votes otherwise. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) B. A town may accept only the provisions of subsection 4, relating to the nomination of town officials, as provided in section [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 2. Designation, number and terms of officials. At the time of acceptance, the town shall determine, by a separate article in the warrant, which other officials are to be elected according to this section, and may determine the number and terms of selectmen, assessors and overseers according to section A. After the determination under this subsection, a town may not change the designation, number or terms of town officials, except at a meeting held at least 90 days before the annual meeting. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) 3. Voting place specified; polls. The warrant for a town meeting for the election of officials must specify the voting place, which must be in the same building or a building nearby where the meeting is to be held. The warrant for a town meeting for the election of officials that occurs at the same time as voting in federal, state or county elections, but not at the same time as a town meeting held for other purposes, may specify the same voting places as those used by the town for federal, state or county elections. The warrant must specify the time of opening and closing the polls, which must be kept open at least 4 consecutive hours. A. In the warrant for a town meeting under this section, the municipal officers may designate the date of the election and designate another date within 14 days of the date set for elections as the time for considering the other articles of business in the warrant. [1987, c. 737, Pt. A, 2 (NEW); 1987, c. 737, Pt. C, 106 (NEW); 1989, c. 6, (AMD); 1989, c. 9, 2 (AMD); 1989, c. 104, Pt. C, 8, 10 (AMD) [ 2003, c. 569, 1 (AMD) 4. Nomination papers; caucuses. The nomination for any office shall be made by nomination papers or by political caucus as provided in this subsection. A. The municipal clerk shall make nomination papers available to prospective candidates during the 40 days before the filing deadline. Before issuing nomination papers, the clerk must complete each sheet by writing in the name of the candidate and the title and term of office being sought. (1) Nomination papers must be signed by the following number of voters based on the population of the town according to the last Federal Decennial Census of the United States: (a) Not less than 3 nor more than 10 in towns with a population of 200 or less; (b) Not less than 10 nor more than 25 in towns with a population of 201 to 500; and (c) Not less than 25 nor more than 100 in towns with a population of more than Secret ballot